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Resolution No. 2005 -150
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, JULY 20, 2005
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3 . PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Agreement for Purchase and Sale of Theater on
High Street, Resolution Amending the Fiscal Year 2005/06
Budget, and Directing Agency Secretary to Accept Interest
in Real Property. Staff Recommendation: 1) Approve
Agreement for Purchase and Sale of 45 High Street, subject
to final language approval by the Executive Director and
Agency Counsel; 2) Adopt Resolution No. 2005- , amending
the Fiscal Year 2005/06 Budget; and 3) Direct the Agency
Secretary to accept an interest in real property as
described in the agenda report. ROLL CALL VOTE REQUIRED
(Staff: Hugh Riley)
B. Consider Request for Statements of Qualifications and
Proposals for the Operation of the Theater on High Street.
Staff Recommendation: Approve the release and circulation
of a Request for Statements of Qualifications and
Proposals for Operation of the Theater on High Street
subject to final language approval by Agency Counsel and
the Executive Director. (Staff: Hugh Riley)
Redevelopment Agency Agenda
July 20, 2005
Page 2
5. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of June
15, 2005.
Consider Approval of Minutes of Special Meeting of July 6,
2005.
Staff Recommendation: Approve minutes.
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases
to be discussed - 4)
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512 -0- 091 -080 and APN 512 -0- 091 -100
Agency Negotiator: Steven Kueny, Executive Director
Negotiating Parties: Redevelopment Agency of the City of
Moorpark and Janss IV Recreation, Inc. (Theater on
High /Larry Janss)
Under Negotiation: Price and terms of payment
7. ADJOURNMENT:
Any member of e public may address e envy urinq • is ommen s por ion o e en
unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who Wish to address
the Agency concerning a Public Hearing or Presentations /Action/ Discussion item must do so during the
Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards
must be received by the City Clerk for Public Comments prior to the beginning of the Public Comments
portion of the meeting and for Presentation /Action /Discussion items prior to the beginning of the
first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public
Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes
shall be imposed upon each Public Comment and Presentation /Action /Discussion item speaker. A
limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written
Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and
Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the
office of the City Clerk and are available for public review. Any questions concerning any agenda item
may be directed to the City Clerk at (605) 517 -6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to review an
agenda or participate in this meeting, including auxiliary aids or services, please contact the City
Clerk's Department at (805) 517 -6223. Upon request, the agenda can be made available in appropriate
alternative formats to persons with a disability. Any request for disability - related modification or
accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff
in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR
35.102 - 35.104; ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that a
notice for a Regular Meeting of the Moorpark Redevelopment Agency to
be held Wednesday, July 20, 2005, at 7:00 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on July 15, 2005, at a conspicuous
place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and
correct.
Executed on July 15, 2005.
Maureen Benson, Deputy City Clerk
ITEM L4 • A •
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of 7 -a0- -A0495,
ACTION: jis�,
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT BV-.-'''E
To: Honorable Agency Board of Directors
From: Hugh R. Riley, Assistant Executive EAT
Date: July 13, 2005 (MRA Mtg. of July 20, 2005)
Subject: Consider Agreement for Purchase and Sale of
Theater on High Street, Resolution Amending the
Fiscal Year 2005 -2006 Budget, and Directing
Agency Secretary to Accept Interest in the Real
Property
BACKGROUND
On March 4, 2005 the Redevelopment Agency of the City of
Moorpark received an offer to sell the Theater property at 45
High Street (APN 512 -0- 191 -080) from the Lawrence Janss
Company ( Janss) . Having concluded negotiations concerning the
purchase price and terms of the sale, Agency Staff is
recommending approval of an Agreement for Purchase and Sale of
the Theater property for a purchase price of $1,250,000.
DISCUSSION
The Theater on High Street, formerly known as the Moorpark
Melodrama and the Galaxy Theater has been central to the
history of Moorpark since its construction in 1927. The
theater has survived abandonment, seismic damage and overall
age deterioration since its construction, however during the
periods it was in use, it provided an excellent venue first
for film and subsequently for live performance. The theater
has played an important role in the downtown High Street area
and has been a centerpiece in the plans for the continuing
revitalization of the area.
Janss acquired the Theater property at 45 High Street in
August 2001. Extensive remodeling of the main building was
undertaken. The Redevelopment Agency provided financial
000001
Agency Chair and Board Members
July 13, 2005
Page 2
assistance for the renovations in the form of low interest
loans to Janss totaling $750,000. The Agency also assisted the
project by improving and providing temporary parking for the
Theater on Agency -owned property across the street. These
loans were subsequently repaid in full when Janss sold his
property at 11 -17 High Street that had served as partial
security for the Agency's loans.
The theater opened in April 2003 and initially provided a
variety of family- oriented entertainment services, including
films, plays, concerts, and rental of the theater for
community use.
For the past few months, Agency staff has researched examples
of public ownership and support of similar theaters in
Thousand Oaks, Simi Valley, Fillmore and Santa Paula and
concluded that these theaters all required either initial or
continuing public financial support or both in order to remain
successful. These findings have been reported to the City
Council Ad Hoc Committee for the Theater (Mayor Pro Tem Harper
and Councilmember Mikos) that was formed in April 2005.
The committee has studied the impacts of the acquisition of
the theater by the Redevelopment Agency as well as possible
methods for the operation and management of the theater, if
acquired, and has recommended that the Agency proceed with the
purchase of the property.
STAFF RECONMNDATION (ROLL CALL VOTE)
1. Approve Agreement for Purchase and Sale of 45 High Street
(APN 512 -0- 191 -08) subject to final language approval by
the Executive Director and Agency Counsel and authorizing
Executive Director to sign on behalf of Agency.
2. Adopt Resolution 2005- amending Agency Budget.
3. Direct the Agency Secretary to accept an interest in real
property as described in this report.
Attachments: Agreement for Purchase and Sale
Resolution 2005-
000002
AGREEMENT OF PURCHASE AND SALE
WITH JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS ( "Agreement ") is made and entered into this day of ,
2005, ( "Effective Date ") whereby Janss IV Recreation, Inc, dba The Lawrence Janss
Company ( "Seller "), agrees to sell, and the Redevelopment Agency of the City of
Moorpark ( "Buyer"), agrees to purchase, on the terms and conditions hereinafter set
forth, the following:
(a) That certain real property and improvements (the "Property ") in the
County of Ventura, State of California, as more particularly described in Exhibit "A"
attached hereto; and
(b) All rights (including water and mineral rights), privileges,
easements, tenements, hereditaments, rights of way and appurtenances which belong
to or appertain to the Property; and
(c) All associated furniture fixtures and equipment attendant to
operation of the Theatre, with the exception of the Martinez Reproduction Paintings,
Kashady Mural, Man Lift and Parlor Baby Grand Piano.
The terms and conditions of this Agreement and the instructions to
Chicago Title Company with regard to the escrow ( "Escrow ") created pursuant hereto
are as follows:
1. SALE OF PROPERTY
For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Seller agrees to sell the Property to Buyer, and Buyer agrees to
purchase the Property from Seller, upon the terms and conditions herein set forth.
2. PURCHASE PRICE
The purchase price ( "Purchase Price ") for the Property shall be One
Million Two Hundred Fifty Thousand Dollars ($1,250,000.00).
3. PAYMENT OF PURCHASE PRICE
Prior to the close of Escrow, Buyer shall deposit with Escrow Holder funds
in the amount of One Million Two Hundred Fifty Thousand Dollars ($1,250,000.00).
Such funds shall be in the form of cash, certified check, wire transfer or other
immediately available funds.
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4. ESCROW.
4.1 Opening of Escrow.
Within ten (10) business days following the Effective Date hereof,
Buyer and Seller shall deliver an executed Agreement, or copy hereof, to, Chicago Title
Company, Attention: Amy Hirihito, Senior Escrow Officer, Chicago Title Insurance
Company, 700 South Flower, Suite 800, Los Angeles, CA 90017 ( "Escrow Holder ").
For purposes of this Agreement, the Escrow shall be deemed opened on the date
Escrow Holder shall have received said executed Agreement or copy. Escrow Holder
shall notify Buyer and Seller, in writing, of the date Escrow is opened and the Closing
Date. In addition, Buyer and Seller agree to execute, deliver and be bound by any
reasonable or customary supplemental escrow instructions of Escrow Holder or other
instruments as may reasonably be required by Escrow Holder in order to consummate
the transaction contemplated by this Agreement. Any such supplemental instructions
shall not conflict with, amend or supersede any portions of this Agreement. If there is
any inconsistency between such supplemental instructions and this Agreement, this
Agreement shall control.
4.2 Close of Escrow.
For purposes of this Agreement, the "Close of Escrow" or "Closing"
shall be defined as the date the Grant Deed conveying the Property to Buyer is
recorded in the Official Records of Ventura County, California. The "Closing Date" shall
be on or before August 1, 2005, unless otherwise subsequently agreed to in writing
signed by Buyer and Seller. If Close of Escrow fails to occur by the Closing Date, the
Close of Escrow shall occur as soon thereafter as possible unless one party gives
written notice to the Escrow Holder and the other party to cancel the escrow.
Cancellation of the escrow, as provided in this Section, shall be without prejudice to
whatever legal or equitable rights Buyer or Seller may have against each other arising
from this Agreement or otherwise.
5. TITLE
5.1 Approval of Title.
Escrow Holder shall cause a preliminary title report to be delivered
to Buyer within ten (10) days of opening of escrow. Buyer shall review the preliminary
title report and approve all exceptions to title prior to close of escrow.
5.2 Title Policy.
Buyer shall cause the Title Company to issue its Standard CLTA
Owner's form Policy of Title Insurance ( "Title Policy ") in the amount of the Purchase
Price showing good and marketable title to the Property vested in Buyer subject only to
the exceptions to title approved in Section 5.1. Buyer may, at Buyer's option, elect to
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cause the Title Company to issue an ALTA form Title Policy with such extended
coverage protection and other endorsements as Buyer may request of Title Company.
All cost and expense of such ALTA Title Policy, endorsements and extended coverage
protection shall be borne by Buyer, including the cost of any survey of the Property that
may be required to obtain such coverage.
6. SELLER DELIVERIES.
Prior to the Close of Escrow, Seller shall deposit or cause to be deposited
into Escrow for delivery to Buyer at closing the following:
(a) A duly executed and acknowledged Grant Deed in the Title
Company's usual form;
(b) A Certificate of Non- Foreign Status required under Section
1445(b) of the Internal Revenue Code.
(c) A Certificate pursuant to California Revenue And Taxation
Code Section 18662 pertaining to Seller's status as a resident of California or as having
a corporate permanent place of business in California.
(d) Any other document provided for herein or reasonably
required by Escrow Holder.
7. BUYER'S DELIVERIES.
Prior to the Close of Escrow, Buyer shall deposit or cause to be deposited
into Escrow to be delivered to Seiler the following:
(a) The Purchase Price, in accordance with Section 3;
(b) Any other document provided for herein or reasonably
required by Escrow Holder.
8. AUTHORIZATION TO RECORD DOCUMENTS AND DISBURSE
FUNDS.
Escrow Holder is hereby authorized and directed to record the documents
and disburse the funds and documents called for hereunder, provided each of the
following conditions have been or will concurrently with the Close of Escrow be fulfilled;
(a) Title Company has committed to issue to Buyer the Title
Policy with liability equal to the Purchase Price, in accordance with Section 5 above.
(b) Seller shall have deposited in Escrow the Grant Deed and
the funds, if any, required of it hereunder.
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(c) Buyer shall deposit into Escrow the funds described in
Section 3 and any other documents and funds required of Buyer under this Agreement.
(d) Escrow Holder is authorized to record any instrument
delivered through this Escrow if necessary or proper for the issuance of the Title Policy
referred to above.
9. COSTS AND EXPENSES.
The cost and expense of the Title Policy shall be paid by the Seller. The
Buyer's legal fees pertaining to the review of the mechanics lien against the property
shall be paid by the Seller, which shall not exceed $1,000. All other closing cost shall
be shared equally by both parties.
10. PRORATIONS.
The following prorations shall be made between Buyer and Seller by
Escrow Holder at the Close of Escrow, computed as of the closing date:
10.1 Taxes.
Real property taxes, special taxes, and assessments shall be
prorated as of the Close of Escrow based upon the latest available tax information.
Seller shall be responsible for all special taxes and assessments accrued against the
Property to and including the day prior to the Close of Escrow based upon payment of
such assessments in installments to the greatest extent permitted. Unless any special
tax or assessment payment or installment specifies the time period for which such
payment is owed, it shall be presumed that such payment is for the full year
immediately preceding the day upon which such payment is due.
10.2 Utilities.
Seller shall use its best efforts to cause all utility billings to be
closed and billed by the respective utility companies as of the Closing in order that utility
charges may be separately billed for the period prior to the Closing and the period after
the Closing. In the event any such utility charges are not separately billed, the same
shall be prorated. In connection with any such proration, it shall be presumed that utility
charges were uniformly incurred during the billing period in which the Closing occurs.
Any refunds for utility payments made prior to the Closing shall not be apportioned, but
shall be the property of the depositor thereof.
11. INTENTIONALLY OMITTED
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12. SELLER REPRESENTATIONS.
In consideration of Buyer entering into this Agreement and as an
inducement to Buyer to purchase the Property, Seller makes the following
representations, each of which (i) is a condition to Close of Escrow, (ii) is true as of the
Effective Date, and (iii) is material and is being relied upon by Buyer:
12.1 Authoritv.
Seller has full power and authority to enter into this Agreement and
to consummate the transactions contemplated herein without obtaining the consent or
approval of any other person, entity or governmental authority.
12.2 Litigation.
Seller is in arbitration over a mechanics lien held by Forest
Construction Company in the amount of $136,172. The lien will be removed from title
prior to Closing of Escrow. There is no other litigation, bankruptcy or receivership
proceeding or any other proceeding pending, or, to Seller knowledge, threatened
against, relating to, or involving Seller's interest in the Property, nor does Seller know or
have any reasonable ground to know of any basis for any such action. No consents or
waivers of or by any third party are necessary to permit the consummation by Seller of
the transactions contemplated pursuant to this Agreement.
12.3 Compliance with Laws.
Seller has received no notice and has no actual knowledge of any
violation of applicable law, ordinance, rule, regulation or requirement of any
governmental agency, body or subdivision affecting or relating to the Property,
including, without limitation, any subdivision, building, use or environmental law,
ordinance, rule, requirement or regulation.
12.4 Governmental Notices.
Seller shall deliver to Buyer each and every notice or
communication Seller receives from any governmental body relating to the Property or
any portion thereof.
12.5 No Leases.
Seller has no actual knowledge of any leases or other agreements
(either oral or written) affecting or relating to the right of any party with respect to the
possession of the Property, or any portion thereof after August 1, 2005.
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12.6 Future Action.
From and after the date hereof, without the prior written consent of
Buyer, Seller shall not execute nor consent to the execution of any lease of any portion
of the Property or any other instrument which may result in an alteration of the condition
of title.
12.7 Hazardous Materials.
To the best of Seller's actual knowledge (i) there are no Hazardous
Materials in existence on or below the surface of the Land, including, without limitation,
contamination of the soil, subsoil or ground water, which constitute a violation of any
law, rule or regulation of any government entity having jurisdiction thereof or which
expose Buyer to liability to third parties, or (ii) there are no underground fuel or chemical
storage tanks located on the Property, and (iii) Seller has not used, nor permitted use
of, the Property for the generation, treatment, storage or disposal of Hazardous
Materials, or other condition or use that could result in or cause a discharge of any
Hazardous Materials on or below the Property. "Hazardous Materials" as used herein
means hazardous, toxic or radioactive substances or materials, as the same are
defined or described by applicable federal laws or regulations (including the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., and the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
Section 9601 et seg., and any regulations adopted and publications promulgated
pursuant to said laws), California laws or regulations (including those substances
defined as "Hazardous Substances" in Section 25316 of the California Health & Safety
Code, and any regulations adopted and publications promulgated pursuant to said
laws). Further, Seller has received no notification, warning or citation within the last 5
years regarding any violation, or potential or pending violation, of any Hazardous
Materials regulations or laws or any other law, statutory provision or regulation
regarding the use, condition or status of the Property and Seller has no knowledge of
any condition or activity on the Property which will or could, upon passage of time,
constitute a violation.
12.8 Environmental Violations.
Seller has no knowledge of any condition or use of the Property
that constitutes, or if unremedied, with the passage of time would constitute, a violation
of (i) Section 404 of the Federal Clean Water Act (33 U.S.C. Section 2344); (ii) the
Federal Clean Air Act (33 U.S.C. Section 7401, et seg.); (iii) the Federal Water
Pollution Control Act (33 U.S.C. Section 1251, et seq.); (iv) any State of California law
of similar substance or nature controlling or regulating the use or condition of land,
water or air (including the California Environmental Quality Act) or (v) any federal or
California laws or regulations relating to use of or conservation of wetlands or other
natural topographical conditions. Further, Seller has received no notification, warning
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or citation within the last 5 years regarding any violation or potential or pending
violation, of any of such laws or regulations.
12.9 Work and Materials Furnished.
All bills for work done and materials furnished with respect to the
Property have been paid in full by Seller, will be discharged and paid in full by Seller or
another arrangements approved by buyer by the date of Closing.
12.10 Not a Foreign Person.
Seller is not, and never has been, a "foreign person" within the
meaning of Sections 1445(f)(3) and 7701(a)(30) of the Internal Revenue Code of 1954,
as amended, or California Revenue and Taxation Code Section 18662, and Seller will
furnish to Buyer, prior to the Closing, an affidavit in form satisfactory to Buyer
confirming the same.
12.11 Declaration, Covenants, Restrictions.
There are no declarations or covenants affecting the use of the
Property; and there is no association which has been formed for the purpose of
managing any portion of the Property.
12.12 Contracts.
There are no contracts or agreements relating to the operation,
development, management or ownership of the Property or any portion thereof.
12.13 Truthfulness at Closing.
Except as expressly herein otherwise provided, the representations
and warranties of Seller set forth in this Agreement shall be true on and as of the Close
of Escrow as if those representations and warranties were made on and as of such
time.
13. BUYER'S REPRESENTATIONS.
In consideration of Seller entering into this Agreement and as an
inducement to Seller to sell the Property to Buyer, Buyer makes the following
representations, each of which is material and is being relied upon by Seller:
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13.1 Authority.
Buyer has full power and authority to enter into this Agreement and
to consummate the transactions contemplated herein without obtaining the consent or
approval of any other person, entity or governmental authority.
13.2 Truthfulness at Closing.
The representations of Buyer set forth in this Agreement shall be
true on and as of the Close of Escrow as if those representations and warranties were
made on and as of such time.
14. DEFAULT.
14.1 Intentionally Left Blank
14.2 Seller Default.
In the event that Seller shall fail to perform Seller's obligations
hereunder, Buyer shall have the option to: (i) seek specific performance and /or
damages for Seller's breach, (ii) extend the Closing for such time as Buyer chooses to
allow Seller to remedy such default, (iii) waive such default in writing, (iv) proceed to
Closing and deduct from the Purchase Price such amount as required to cure Seller's
default hereunder; or (v) terminate this Agreement by written notice to Seller prior to
cure of the default. In the event of termination of the Agreement pursuant to this
Section 14.2 or otherwise as a result of Seller's default, the parties shall be discharged
from any further obligations and liabilities hereunder, except that Buyer shall be entitled
to damages arising from Seller's default and the resulting termination of this
Agreement.
15. MISCELLANEOUS.
15.1 Risk of Loss
The risk of loss or damage to the Property until the Closing is
assumed by Seller. If any damage occurs to the Property prior to Closing, Buyer at its
sole option may: (i) terminate this Agreement by written notice given to Seller within
thirty (30) days of Buyer's receipt of notice of the occurrence of such damage, in which
case all monies received hereunder shall be returned to Buyer and this Agreement shall
be null and void; (ii) proceed to closing and deduct from the Purchase Price of the
Property the amount which will be required to repair such damage, applied first to
reduce the cash portion of the Purchase Price; or (iii) Buyer may accept title to the
Property without any abatement in the Purchase Price, in which event, on the Closing of
Escrow, all insurance proceeds shall be assigned to Buyer and Seller shall pay to Buyer
an amount equal to the deductible amount of the insurance award along with any funds
theretofore received by Seller in connection with such casualty.
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15.2 Notices.
All notice or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered or sent by registered or certified
mail, postage prepaid, return receipt requested, delivered or sent by telex, telecopy or
overnight courier and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if
mailed, three (3) business days after the date of posting by the United States Post
Office, (iii) if sent by overnight courier, when delivered to the specified address, or (iv) if
given by telex or telecopy, when sent. Any notice, request, demand, direction or other
communication sent by telex or telecopy must be confirmed within forty -eight (48) hours
by letter mailed or delivered in accordance with the foregoing.
To Buyer: Redevelopment Agency of the City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Executive Director
With a copy to:
Burke, Williams & Sorensen
611 West Sixth Street, Suite 2500
Los Angeles, CA 90017
Attn: Joseph M Montes, Esq.
To Seller: Janss IV Recreation, Inc., dba
The Lawrence Janss Company
1408 East Thousand Oaks Blvd.
Thousand Oaks, CA 91362 -2841
Attn: Larry Janss, President
To Escrow Chicago Title Insurance Company
Holder: 700 South Flower, Suite 800
Los Angeles, CA 90017
Attn: Amy Hirihito, Senior Escrow Officer
Notice of change of address shall be given by written notice in the manner detailed in
this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of
the notice, demand, request or communication sent.
15.3 Brokers' Commission.
Seller has a brokerage relationship with Dennis Bloom, Westoaks
Commercial Group ( "Seller's Broker'). Seller is responsible for any fees or
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commissions claimed by Seller's Broker related to this transaction. If any other claims
for brokers' or finders' fees for the consummation of this Agreement arise, then Buyer
hereby agrees to indemnify, save harmless and defend Seller from and against such
claims if they shall be based upon any statement or representation or agreement by
Buyer, and Seller hereby agrees to indemnify, save harmless and defend Buyer if such
claims shall be based upon any statement, representation or agreement made by
Seller.
15.4 Assignment.
Buyer may assign, transfer or convey its rights or obligations under
this Agreement without the prior written consent of Seller.
15.5 Seller's Use of Propert y.
From and after the date of Seller's execution hereof, Seller shall
not grant or convey any easement, lease, license, permit, encumbrance, lien or any
other legal or beneficial interest in or to the Property, improvements thereon, mineral or
water rights appurtenant thereto, or any other property rights whatsoever without the
prior written consent of Buyer, nor shall Seller violate, or allow the violation of any law,
ordinance, rule or regulation affecting the Property. Seller shall do or cause to be done
all things reasonably within its control to preserve intact and unimpaired any and all
easements, grants, appurtenances, privileges and licenses in favor of or constituting
any portion of the Property. Further, Seller agree to pay, as and when due, all
payments on any liens or encumbrances presently affecting the Property and any and
all taxes, assessments and levies in respect of the Property through the Close of
Escrow.
15.6 Delivery of Materials.
Seller shall deliver to Buyer, at no expense to Buyer, within ten (10)
days of Seller's execution hereof, copies of any and all contracts affecting the Property
(including service and materials contracts), soils investigations and reports, water and
sewer studies, topographic maps, photographs, mapping, platting and other materials, if
any, concerning the Property, which are owned by Seller or are in Seller's possession.
15.7 Survival and Conditions Precedent.
Agreements, representations, covenants and warranties contained
in this Agreement or any amendment or supplement hereto shall survive Closing and
delivery of deed hereunder and shall not be merged thereby, and, in addition to any
effect any of the same have in law or in equity, all of the same will be deemed to be
conditions precedent to the Buyer's obligations hereunder, whether so expressed or
not. Seller acknowledges that all of the conditions to this Agreement which are for the
sole benefit of the Buyer may unilaterally be waived by the Buyer.
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15.8 Indemnification of Buyer.
Seller agrees to protect, defend, indemnify and hold Buyer
harmless from and against any claims, losses, demands, liabilities, suits, costs and
damages, including consequential damages and attorneys' fees and other costs of
defense, incurred, arising against or suffered by Buyer as a direct or indirect
consequence of (i) any breach of any representation, warranty, covenant or
indemnification made in this Agreement by Seller, whether discovered before or after
the Closing, or (ii) any facts, circumstances or occurrences existing or occurring with
regard to the Property prior to the Close of Escrow, except such as are caused by
Buyer.
15.9 Walk- Through Inspection
Seller shall permit Buyer to conduct a walk- through inspection of
the premises on or before August 1, 2005 for verification of operational status of
buildings utilities and equipment.
16. GENERAL PROVISIONS.
16.1 Required Actions of Buyer and Seller.
Buyer and Seller agree to execute such further instruments and
documents and to consummate the purchase and sale herein contemplated, and to
effectuate the intent of this Agreement.
16.2 Time of Essence.
TIME IS OF THE ESSENCE OF EACH AND EVERY TERM,
CONDITION, OBLIGATION AND PROVISION HEREOF.
16.3 Counterparts.
This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one and
the same instrument. Faxed copies of signed documents may be considered as
originals.
16.4 Captions.
Any captions to, or headings of, the paragraph or subparagraphs of
this Agreement are solely for the convenience of the parties hereto, are not a part of
this Agreement, and shall not be used for the interpretation or determination of the
validity of this Agreement or any provision hereof.
000013
16.5 No Obligations to Third Parties.
Except as otherwise expressly provided herein, the execution and
delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate
any of the parties hereto, to any person or entity other than the parties hereto.
reference.
16.6 Exhibits.
The Exhibits attached hereto are hereby incorporated herein by this
16.7 Amendment to this Agreement.
The terms of this Agreement may not be modified or amended
except by an instrument in writing executed by each of the parties hereto.
16.8 Waiver.
The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other
provision hereof.
16.9 Applicable Law.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
16.10 Fees and Other Expenses.
Except as otherwise provided herein, each of the parties shall pay
its own attorneys', consultants' and other fees and expenses in connection with this
Agreement.
16.11 Entire Agreement.
This Agreement supercedes any prior agreements, negotiations
and communications, oral or written, and contains the entire agreement between Buyer
and Seller as to the subject matter hereof. No subsequent agreement, representation,
or promise made by ether party hereto, or by or to an employee, officer, agent or
representative of either party shall be of any effect unless it is in writing and executed
by the party to be bound thereby.
-12-
000014
16.12 Successors and Assigns.
Subject to any limitations on assignment contained herein, this
Agreement shall be binding upon and shall inure to the benefit of the successors and
assigns of the parties hereto.
16.13 No Presumption.
Each provision of this Agreement has been independently and
freely negotiated by both parties as if this Agreement were drafted by both parties. In
the event of any ambiguity in this Agreement, the parties waive any presumption or rule
requiring or permitting interpretation of said ambiguity against or in favor of either party.
16.14 Attorneys' Fees.
In the event that either party is required to commence any action or
proceedings against the other in order to enforce the provisions hereof, or in order to
obtain damages for the alleged breach of any of the provisions hereof, the prevailing
party (which shall be the party receiving the larger award or otherwise receiving the
more significant relief) therein shall be entitled to recover, in addition to any amounts or
relief otherwise awarded, all reasonable costs incurred in connection therewith,
including reasonable attorneys' fees.
16.15 Survival.
Except as otherwise provided herein, all covenants, agreements,
representations and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the Closing
and shall not merge into any deed, assignment or other instrument executed or
delivered pursuant hereto.
16.16 IRS Real Estate Sales Reporting.
Buyer and Seller hereby appoint Escrow Holder as, and Escrow
Holder agrees to act as "the person responsible for closing" the transactions which are
the subject of this Agreement, pursuant to Internal Revenue Code of 1986 Section
6045(e). Escrow Holder shall prepare and file the informational return (IRS Form 1099 -
S) required by and otherwise comply with the terms of IRS Section 6045(e).
17. AGENCY APPROVAL
Seller acknowledges that no representation, statement or act of any
agent, attorney or employee of Buyer shall be binding upon Buyer until and unless such
representation, statement or act is duly approved or ratified by the governing board of
Buyer.
-13-
000015
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
This Agreement creates certain legal rights and responsibilities as
described herein and all parties should consider obtaining legal advice prior to
execution of it.
"Buyer" Redevelopment Agency of the City of Moorpark
Steven Kueny, Executive Director
"Seller" Janss IV Recreation, Inc,
dba The Lawrence Janss Company
By:
Lawrence Janss, President
-14-
000016
EXHIBIT "A"
LEGAL DESCRIPTION
To be provided by Chicago Title Insurance Company in Escrow.
Address: APN:
45 High Street 512 -0- 091 -080
Moorpark, CA 93021
000017
ATTACHMENT 2
RESOLUTION NO. 2005 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, AMENDING THE
FISCAL YEAR 2005/2006 CAPITAL IMPROVEMENT
PROJECT BUDGET BY APPROPRIATING $1,253,000 FROM
THE MRA AREA 1 - BOND PROCEEDS FUND (2904) FOR
THE ACQUISITION OF 45 HIGH STREET
WHEREAS, on June 15, 2005, the Moorpark Redevelopment
Agency Board of Directors adopted the Moorpark Redevelopment
Agency budget for Fiscal Year 2005/2006; and
WHEREAS, the Redevelopment Agency of the City of Moorpark
desires to purchase property known as 45 High Street in the City
of Moorpark, in furtherance of Agency objectives to encourage
development in the downtown area consistent with the Agency
2005 -2009 Implementation Plan; and
WHEREAS, the Board of Directors of the Redevelopment Agency
of the City of Moorpark now wishes to amend the adopted budget
to reflect the cost to purchase 45 High Street, for the
acquisition cost of $1,250,000, plus $3,000 for estimated escrow
costs from the MRA Area 1 - Bond Proceeds Fund.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the total amount of
$1,253,000 from the MRA Area 1 - Bond Proceeds Fund, more
particularly described in Exhibit "A ", attached hereto, is
hereby approved.
SECTION 2. The Agency Secretary shall certify to the
adoption of this resolution and shall cause a certified
resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 20th day of July, 2005.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit "A" - Budget Amendment Detail 000018
EXHIBIT A
BUDGET AMENDMENT FOR
MRA AREA 1 - BOND PROCEEDS '01
FY 2005 -06
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA Area 1 - Bond Proceeds'01
2904 -5500
$ 1,253,000.00
$ 1,253,000.00
$ 1,253,000.00
Total
$ 1,253,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2904.2410.0000.9612
$ -
$ 1,253,000.00
$ 1,253,000.00
Total
$ -
$ 1,253,000.00
$ 1,253,000.00
Approved as to Form:
00001.5
ITEM L4-6-
CITY OF MOORPARK. CALIFORNIA
Redevelopment Agency Meeting
of 7- ao - '40,95
ACTION;
At
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT BY'
To: Honorable Agency Board of Directors
From: Hugh R. Riley, Assistant Executive Director
Date: July 13, 2005 (MRA Mtg. of July 20, 2005)
Subject: Consider Approval of Request for Statements of
Qualifications and Proposals for the Operation of
the Theater on High Street
BACKGROUND
The Redevelopment Agency of the City of Moorpark (Agency) is
in the process of acquiring the Theater on High Street. The
sale is projected to be completed on or after August 1, 2005.
In order to continue the operation and management of the
Theater, Agency Staff is recommending the approval and
circulation of a Request for Qualifications and Proposals from
qualified individuals, groups or organizations to operate the
theater under specified terms of an Agreement with the Agency.
DISCUSSION
Agency Staff has prepared a Request for Statements of
Qualifications and Proposals (RFQ -RFP) for Theater Operator
Services. The RFQ -RFP specifies the Agency's goals for the
theater which include:
1. Continuing the operation of the Theater as a live
performing arts and film venue and an attraction to the
downtown High Street Area.
2. Limiting the Agency's financial contribution to the
capital cost of the land and building, and to provide
major maintenance and improvements including space
expansion as needed.
000020
Agency Chair and Board Members
July 13, 2005
Page 2
The RFQ -RFP offers a responsible Operator a three -year
agreement for the full operation of the facilities for a
minimum monthly fee of $2,000 for the initial year of
operation and negotiable fee during the subsequent two years
to be proposed by the Operator. The Agreement will include but
not be limited to the following scope of services:
1. Basic Theater Facility Management- Provide management
control of the facility and equipment including assurance that
facility users are capable of operating the equipment safely
and properly.
2. Daily Operations- Provide and supervise day -to -day
maintenance of the entire facility.
3. Concessions- Provide directly or through a qualified
concessionaire for food and /or snack food, beer and wine
services for all events occurring at the Theater
4. Event Scheduling -
performances at the TheatE
concerts, film festivals,
events. The Agency or its
for its exclusive use at
discretion.
Schedule a variety of events,
>r including live stage performances,
Youth Theater Workshops and other
assignee will retain eight (8) days
no cost to the Agency at its sole
5. Income and Expense Reports- Provide the Agency with
periodic reports on the income earned and expenses incurred
for the theater operation as requested by the Agency.
6. Marketing and Promotion- Develop and distribute material,
purchase advertisements and conduct other promotional
activities to maintain a reasonably high level of activity.
Proposals received will be reviewed and interviews conducted
by the Theater Ad Hoc Committee and a recommendation made to
the Agency Board at its meeting of September 7.
The RFQ -RFP has been reviewed by the City Council Ad Hoc
Committee for the Theater (Agency Members Harper and Mikos)
and the committee is recommending approval to the Agency
Board.
000021
Agency Chair and Board Members
July 13, 2005
Page 3
STAFF RECOMMENDATION
1. Approve the release and circulation of a Request for
Statements of Qualifications and Proposals for Operation
of the Theater on High Street subject to final language
approval by Agency Counsel and the Executive Director.
Attachment: RFQ -RFP
000022
REQUEST FOR STATEMENT OF
QUALIFICATIONS
AND PROPOSAL for
THEATER OPERATOR SERVICES
THE THEATER ON
HIGH STREET
FOR
THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK
STEVEN KUENY, EXECUTIVE DIRECTOR
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA. 93021
805- 517 -6215
July 2005
000023
INDEX
PAGE
I INTRODUCTION ....................................................................... ..............................3
If SCOPE OF SERVICES ......................................... ..............................3
IIIBACKGROUND ......................................................................... ..............................3
IV PROPOSAL CONTENT & FORMAT ........................................ ..............................5
V PROPOSAL EVALUATION & SELECTION ........................... ..............................7
VII GENERAL PROPOSAL TERMS & CONDITIONS .................. ..............................7
ATTACHMENTS
1. Theater Floor Plan
2. Theater Equipment Inventory
3. Current Fixed Expense Budget
2
000024
I. INTRODUCTION
The Redevelopment Agency of the City of Moorpark ( "the Agency ") is
seeking Statements of Qualifications and Proposals from qualified
persons, firms or organizations ( "Operator ") for the operation of
the Theater on High Street ( "Theater ").
II. AGENCY'S GOALS
The Agency's primary goals for the Theater is:
I. To continue the operation of the Theater as a live
performing arts and film venue and an attraction to the
downtown High Street Area.
II. To limit the Agency's financial contribution to the
capital cost of the land and building, and to provide
major maintenance and improvements including equipment
upgrade, expansion and replacement as needed.
The Agency offers the Operator a three -year agreement for the full
operation of the facilities for a minimum monthly fee of $2,000 for
the initial year of operation and negotiable fee during the
subsequent two years to be proposed by the Operator.
III. SCOPE OF SERVICES
The services being sought will be provided under the terms of an
Operating Agreement and generally include the following:
1. Basic Theater Facility Management- Provide management control
of the facility and equipment including assurance that facility
users are capable of operating the equipment safely and properly.
2. Daily Operations- Provide and supervise day -to -day maintenance
of the entire facility.
3. Concessions- Provide directly or through qualified
concessionaire for food and /or snack food, beer and wine services
for all events occurring at the Theater
4. Event Scheduling- Schedule a variety of events, performances
and other venues at the Theater including live stage performances,
concerts, film festivals, Youth Theater Workshops and other events.
The Agency or its assignee will retain eight (8) days for its
exclusive use at no cost to the Agency.
3
000025
S. Income and Expense Reports- Provide the Agency with periodic
reports on the income earned and expenses incurred for the theater
operation as requested by the Agency.
6. Marketing and Promotion- Develop and distribute material,
purchase advertisements and conduct other promotional activities to
maintain a reasonably high level of activity.
IV. BACKGROUND
The Redevelopment Agency of the City of Moorpark has agreed to
purchase the Theater on High Street located at 45 East High Street
in Moorpark. The Agency will become the owner of the Theater on or
about August 1, 2005.
Description of Facility:
The building housing the Theater was built in 1928, of un- reinforced
brick masonry, approximately one foot thick. The building's
footprint area is approximately 5,500 square feet (sq. ft.) and
includes a second floor projection booth /storage area of
approximately 1,000 sq. ft. and a "bungalow" type building of
approximately 750 sq. ft., attached to the rear of the masonry
building, which serves as dressing rooms for theatrical productions
performed in the theater. The roofing structure is made up of wood
trusses anchored to 24" pilasters. A floor Plan of the building
after its recent renovation is attached hereto as ATTACHMENT 1.
The building has withstood numerous earthquakes over the decades
with no visible or structural damage. After, and as the result of,
the Northridge Earthquake of January 17, 1994, the building was
retrofitted with a metal "cage" system built inside and attached to
the interior walls of the building to accommodate for future seismic
activity. After purchasing the Theater in August 2001, the Lawrence
Janss Company dba Janss Recreation IV, conducted substantial
additional renovation and seismic retrofit and, beginning in
February 2003, the Theater has been open and operated on a nearly
continuous basis primarily as a live performance venue.
The Theater is equipped with used stage lighting, sound, and film
projection equipment as described in detail in the Equipment
Inventory attached hereto as ATTACHMENT 2.
V. PROPOSAL CONTENT/FORMAT
F11
000026
The submitting party shall submit a Statement of Qualifications and
Operating Proposal. The two items should be provided in a sealed
envelope and marked on the outside of the envelope "THEATER ON HIGH
STREET - OPERATING PROPOSAL" - with the name of the firm. Six (6)
copies of the Proposal are required.
Submit proposals to:Redevelopment Agency of the
City of Moorpark
799 Moorpark Avenue
Moorpark, CA. 93021
Attention: Hugh Riley
PROPOSALS MUST BE RECEIVED BY THE CITY NO LATER THAN 5:00 P.M.,
ON MONDAY, August 15, 2005.
Statement of Qualifications Content
The Statement of Qualifications must contain the following
information:
1. Name and address of person, firm or corporation submitting the
proposal.
2. Primary contact person and person who would be responsible for
day -to -day operations of the Theater.
3. Experience of the person, firm or corporation in providing
requested scope of services, specifically referencing the
operation of similar theaters, performing arts centers,
management of personnel both contract and directly employed,
management of concessions or concessionaires, knowledge of
theater equipment, and experience with marketing and
promotion.
4. A listing of references that the proposing party believes
would further support their qualifications for selection.
Operating Proposal Content
1. Terms and Conditions are attached to this RFQ /RFP; submittal
of a proposal signifies the submitting party understands, and
will abide by these Terms & Conditions.
2. Requested Exceptions - The Agency reserves the right, without
5
00002'7
obligation, to grant or deny exceptions to the RFP /RFQ.
However, the proposing party must note any exceptions, and
their reasons, in their proposal. Exceptions taken will be
considered during the evaluation process.
3. Business Plan - Provide a general business plan narrative, not
to exceed three pages, describing how the operator will
perform the scope of services described above and achieve the
Agency's goal to eliminate recurring Agency financial
contributions.
4. Operating Budget - Provide an operating budget based on the
Operation and Maintenance Budget included for the Theater as
ATTACHMENT 3 and including costs proposed for staffing,
advertising and other related operating costs. Costs should be
offset by projected revenue based on the business plan.
VI. PROPOSAL EVALUATION AND SELECTION
All proposals properly received before the aforementioned date and
time will be evaluated by the Theater Ad Hoc Committee and staff. An
interview with the proposing party or parties may be scheduled. The
Operator selected as the most qualified to provide the requested
services will be invited to negotiate an Agreement. If an agreement
is not reached, negotiations may be terminated and commenced with
another proposing party or parties. The Agency reserves the right to
conduct additional interviews as necessary. The Ad Hoc Committee
recommendation is scheduled for submittal to the Agency Board on
September 7, 2005.
The Agency reserves the right to negotiate the specific requirements
and costs using the selected proposal as a basis. The Agency
reserves the right to reject any or all proposals at its sole
discretion.
The Agency is not liable for any costs incurred by the submitting
parties or their consultants in preparing the proposal.
VII. GENERAL PROPOSAL TERMS AND CONDITIONS
Agreement Requirement - The selected Operator shall execute a
written Agreement with the Agency within ten (10) calendar days
after notice of selection has been provided to the Operator at the
address given in the proposal. The Agreement shall be made in the
6
form adopted by the Agency. The Operator warrants that he /she /it
possesses, or has arranged through subcontracts, other equipment,
labor and materials necessary to carry out and complete the scope of
services hereunder in compliance with all applicable federal, state,
county, and City laws, ordinances, statutes and regulations.
Agreement Assignment - The Operator shall not assign, transfer,
convey or otherwise dispose of the Agreement, or its right, title or
interest, or its power to execute such a Agreement, to any
individual or business entity of any kind without prior written
consent of the Agency.
Non - Discrimination - In the performance of the terms of the
Agreement, the Operator agrees that it will not engage in, nor
permit such concessionaires or subcontractors as it may employ to
engage in discrimination in employment of persons because of age,
race, color, sex, national origin or ancestry, or religion of such
person(s).
Communications Regarding RFQ & RFP - If there is doubt as to the
meaning or intent of any part of this RFQ -RFP, or if discrepancies
or omissions in the RFQ -RFP are discovered, a written request for an
interpretation or correction thereof may be submitted to Hugh Riley,
Assistant Director, City of Moorpark, Redevelopment Agency.
Interpretation or correction of the Request for Qualifications shall
be made only by addendum duly issued by the Agency Director. A copy
of any such addendum will be mailed or delivered to each person
receiving the RFQ -RFP, and such addendum shall be considered a part
of the RFQ -RFP and shall be incorporated therein. All timely
requests for information submitted in writing will receive a written
response from the Agency.
Modification or Withdrawal of Submittals - Any proposal received
prior to the date and time specified for receipt of proposals may be
withdrawn or modified by written request of the proposing party. To
be considered, however, the modified proposal must be received by
the time and date originally specified.
Property Rights - Proposals received within the prescribed deadline
become the property of the Agency and all rights to the contents
therein become those of the Agency.
Confidentiality - Prior to selection of an Operator, all proposals
will be designated confidential to the extent permitted by the
California Public Records Act. After selection and award of the
operating contract, or if not awarded, after rejection of all
proposals, all responses will be regarded as public records and will
7
000029
be subject to review by the public. Any language purported to render
confidential all or portions of the proposals will be regarded as
non - effective and will be disregarded.
Amendments to Request for Qualifications - The Agency reserves the
right to amend the Request for Qualifications /Proposals by addendum
prior to the final proposal submittal date.
Non - Exclusive Contract - The Agency reserves the right to contract
with other firms or individuals during the Agreement term or to
issue multiple contracts for individual aspects of the project as
may deemed in the best interests of the Agency.
Insurance - The operator shall meet the following provisions
(Sections 1 through 7) relating to insurance coverages.
1. General Conditio
indemnification of the
at its own expense, the
of Coverages) covering
conditions:
ns - Without limiting the operator's
Agency, operator shall provide and maintain
insurance listed under Section 7 (Evidence
its operations, subject to the following
a) The City /Agency, its officers, employees, servants,
consultants and agents shall be included as additional
insured in all liability insurance policies except for
Worker's Compensation.
b) Such insurance shall be primary with respect to any
insurance maintained by City /Agency and shall not call on
City /Agency insurance for contributions.
c) With respect to the interests of the City /Agency, the
Operator's insurance shall not be canceled nor reduced in
coverage or limits until after thirty (30) days written
notice has been sent by certified mail (return receipt
requested) to the City /Agency, and said certificate shall
contain an unequivocal clause so stating.
d) The Operator will provide the Executive Director with a
City /Agency approved insurance endorsement form, in a
format acceptable to the City /Agency, identifying the
City /Agency as additionally insured on the policy, prior
to commencement of any work.
2. Worker's Compensation - The Operator shall procure and
maintain, during the life of the Agreement contract, workers'
8
000030
compensation insurance or a valid certificate of consent to
self - insure for all its employees engaged on or at the site of
the project. In case any of the work is sublet, the Operator
shall require all subcontractors to similarly provide workers'
compensation insurance for all the latter's employees, unless
such employees are covered by protection afforded by workers'
compensation insurance carried by the Operator. By submitting
a proposal pursuant to these specifications, The Operator
hereby certifies that it is aware of the provisions of Section
3700 et seq. of the Labor Code, which requires every employer
to be insured against liability for workers' compensation.
3. Aggregate Limits /Blanket Coverage - Should any of the required
insurance coverages contain aggregate limits or apply to other
operations or tenancy of the Operator outside of this Request
for Qualification, the Operator shall give City /Agency prompt,
written notice of any incident, occurrence, claim, settlement,
or judgement against that insurance which may diminish the
protection that such insurance affords the City /Agency. The
Operator shall further take immediate steps to restore such
aggregate limits or shall provide other insurance protection
for such aggregate limits.
4. Modification of Coverage - The City /Agency reserves the right
at any time during the term of any agreement executed with the
Operator, pursuant to this Request for Qualifications
(Agreement), to change the amounts and types of insurance
required hereunder by giving the Operator ninety (90) days
written notice. If such change should result in a premium
increase in excess of ten (10 %) percent to the Operator, the
City /Agency agrees to negotiate additional compensation
proportional to the increased benefit to the City /Agency.
5. Failure to Procure Insurance- The Operator's failure to
procure or maintain the required insurance shall constitute a
material breach of contract under which the City /Agency may
immediately terminate the Agreement or, at its discretion,
procure or renew such insurance to protect the City's /Agency's
interests. Should the City /Agency, in its sole discretion, be
required to pay any and all premiums in connection with the
exercise of this clause, the City /Agency shall recover all
monies so paid from the Operator, or deduct all monies so paid
from payment(s) due to the Operator.
6. Underlying Insurance - The Operator shall be responsible for
requiring indemnification and insurance from its employees
receiving mileage allowance, consultants, agents, and
9
000031
subcontractors, if any, to protect the Operator's and the
City /Agency's interests, and for ensuring that such persons
com -olv with anv applicable insurance statutes.
7. Evidence of Coverage - Evidence of coverage as checked below,
having as a minimum the limits shown, must be submitted and
approved prior to commencement of work or any tenancy. Amounts
shown are Combined Single Limit (CSL). Split limits may be
substituted if the total per occurrence equals or exceeds the
CSL amount.
Description
Workers' Compensation
(X) Employer's Liability
( ) Waiver of Subrogation
General Liability (must be written on an
occurrence form)
(X) Premises and Operations
(X) Contractual Liability
(X) Independent Consultants
(X) Products /Completed Operation
(X) Broad Form Property Damage
(X) Personal Injury
(X) Broad Form Liability Endorsement
( ) Explosion Hazard
( ) Collapse /Underground Hazard
Automobile Liability (must be written on an
occurrence form)
(X) Owned Automobiles
(X) Nonowned /Hired Automobiles
( ) Garage keeper's Legal Liability
Limits
Statutory
Statutory
$2,000,000
$1,000 000
Professional Liability (Errors and Omissions $1,000,000
to be in continuous force from date of award
until one year after final acceptance of project)
Non - Commitment of Agency - This Request for Qualifications /Proposals
does not commit the Agency to award a contract, to pay any costs
incurred in the preparation of a proposal responding to this
request, or to procure or contract for services. The Agency reserves
the right to accept or reject any or all proposals received as a
result of this request, to negotiate with any qualified firm, or to
modify or cancel in part or in its entirety the Request for
Qualifications /Proposal, if it is in the best interest of the Agency
10
000032
to do so.
Public Domain - All products used or developed in the execution of
any contract resulting from this Request for Qualifications /Proposal
will remain in the public domain at the completion of the contract.
Termination - The Agency reserves the right to terminate the License
Agreement, once executed, upon thirty (30) calendar days written
notice to the Operator. Operator may terminate the Agreement with
sixty (60) days written notice for Agency's breach only.
Conflict of Interest Disclosure - In accordance with California
Government Code Section 87306, the Operator executing an Agreement
may be required to file a Conflict of Interest Statement, Form 730.
If such a requirement is made, the filing must be no later than
thirty (30) days after the execution of the contract, annually
thereafter prior to April 1st of each year for the duration of the
contract, and within thirty (30) days of termination of the
contract. Failure to file any required statements will result in
withholding payment for services rendered.
Inspections
City /Agency reserves the right to inspect the premises (Theater)
being operated under this Agreement at any time.
000033
ATTACHMENT 1
THEATER
I al flole) m* ZI
000034
a
�I
000035
i
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000035
000035
ATTACHMENT 2
THEATER
EQUIPMENT
INVENTORY
000036
Sent By: Janss IV Recreation, Inc.; 805 497
1507;
Nov -16 -04 2:09PM; Page 2
Used Lighting and Sound
Equipmcni
By liquidating Company
Date Vendor
Scope of Work
Qty
Contract.
Deposit
Balance Due
Liquidation Company
Inc
Security System including 2 cameras
10/12/2002 Used
and monitors
1
$
45.10
45.00
0.00
Used
Radio Shack Walkie Talkies
2
$
35.00
35.00
0.00
Used
Small Ligbting Stands
3
$
22.50
22.50
0.00
Used
Lighting Stands
2
$
70.00
70.(X)
0.00
Used
Ashly Analog Equalizer GQX3102
1
$
350.00
350.00
0.00
Used
Ashly Analog Equalizer (iQX3102
1
$
350.00
350.00
0.00
i lscil
Ashly Analog Fqual.izcr GQX3102
1
$
350.00
350.00
0.00
Used
Rane Digitaly Delay
1
$
150.00
150.00
0.00
Used
Rare Digitaly Delay
1
$
150.00
150.00
0.00
INed
Rell & Howell Flitnmund
1
$
25.00
25.00
0.00
Used
Fog Machinc
1
$
320.00
320.00
0.00
Osed
Sntall Fans
9
$
81.00
81.00
O.00
Used
Small Fans
8
$
72.00
72.00
0.00
Used
Installation Rack
1
$
100.00
100.00
0.00
Vega Wireless UI1F Receiver w/7
Used
transmitters
10
$
1,900.00
1,900.00
0.00
Used
Coffee Maker
1
$
25.00
25.00
0.00
Used
Microphone Stands
3
$
52.50
52.50
0.00
Used
Microphone Stands
4
$
70.00
70.00
0.00
Used
Music Stands
18
$
405.00
405.00
0.00
Assorted Ellipsoidal Lighting with
Used
Rack
8
$
360.00
360.00
0.00
Assorted Ellipsoidal Lighting with
Used
Rack
8
$
360.00
360.00
0.00
Used
Cycloram Lighting
4
$
600.00
600.00
0.00
Used
Assorted Ellipsoidal Lighting
34
$
850.00
850.00
0.00
Used
Lighting Gels (Lot)
1
$
400.00
400.00
0.00
Used
(lam & Rosco Pattern
1
$
300.00
30(1.1X)
0.00
Used
Pattern Holders
30
$
150.00
150.00
0.00
Used
Hanging Clamps (Lot)
1
$
90.00
90.00
0.00
tlsed
Gold Frame Wall Mirror
1
$
125.00
125.00
0.00
Used
Cold Frame Wall Mirror
1
$
125.00
125.00
0.00
Used
Black Stackiug Chairs
13
$
26.00
26.00
0.00
Used
10" 2.5 HP "fable Saw
1
$
100.00
100.00
0.00
Used
Snwll Refiigerator
1
$
25.00
25.00
0.00
Used
Microphone Stands
4
$
110.00
110.00
0.00
Used
Microphone Stands
4
$
110.00
110.00
0.00
10./12/2002 Used
Microphone Stands
4
$
110.00
110.00
0.00
Premium 10%
$
841.40
841.40
0 -00
Sales 1 ax
1
$
717.29
717.29
0.00
1
$ 9,972.69 $
ONERNMEM
9,972.69
--
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Telephone System
by Ross Linddhl
Phone Connection
Date Vendor Scope of Work
Qty
Contract Deposit Balance Due
Phone Connection
/17/2002 8 x 16 Control unit
1
$
912.00
C. O. Expansion module (4 circuit)
1
$
241.00
Digital 12 Button Display Speakerphoe
6
$
1,098.00
25 pair feed cable for telephone lines
250
$
75.00
12 port patch panel for data cables
1
$
90.00
Misc cables, connectors, blocks
1
$
60.00
Labor
Install 7 voice and 7 data cables
7
$
1,050.00
Install one payphone cable
1
$
70.00
Install telco feed cable
1
$
210.00
Install program and train
6
$
420.00
Sales taxi
179.51 $ 179.51
$
4,405.51 0.00 $ 4,405.51
to
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Sound
By Paul Squilio
Date Vendor Scope of Work Qty Contract Deposit Balance Due
2/16/2002 Paul Squillo
Jack Smiley L& R Speakers with double 15" woofers
and 500 hz folded ribbon tweeter (60 horiz x 40
►1/23/2003 System vertical dispersion)
Jack Smiley L& R Speakers with double 15" woofers
and 500 hz folded ribbon tweeter (90 horiz x 40
vertical dispersion) with flying hardware, Russian
plywood cabinet
Jack Smiley Side Sorround Speakers with single 10"
woofer, 800 hz folded ribbon tweeter, passive
crossover, 95dB efficiency, MDF Cabinets
Jack Smiley Custom Subwoofers with double 18"
woofers, 2000 watt power handling, 20- 100hz, MDF
cabinets
Sales Tax
Lighting Total
01/20/2003 Synergistic Research
Alpha Quad 12/4 shielded speaker witre
2 $ 3-1,200.00
1 S 3,000.00
10 $ 6,500.00
1,600.00 $ 1.600.00
1,500.00 $ 1,500.00
3,250.00 $ 3,250.00
1 $
1,500.00
1,135.25
$
364.75
$
1,029.50
514.75
$
514.75
$
15,229.50 $
8,000.00
$
7,229.50
2000 $ 2,681.25 2,681.25 $ -
Total $ 17,910.75 $ 10,681.25 $ 7,229.50
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Lighting and Sound
:3
by Kevin Roch
CO
Pink Cadilac Entertainment
L
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Date
Vendor Scope of Work
Qty
Contract Deposit
Balance Due
N
PINK CADILLAC ENTERTAINMENT
<
1/23/200?
Lighting Lightronics RE -121 Dimmer Pak
1
$
1,100.00
0
12' Triangle Truss
2
$
570.00
w
6' Triangle Truss
4
$
640.00
H
Par 56 with bulbs, clamps
14
$
1,050.00
Cables, gels, misc
1
S
500.00
Lighting Total
$
3,860.00 $ -
$ _
Sound Mixing Board Soundcraft Series 4 -32 Channel
$
4 000.00
QSC PLX 3002 AMPS (subs)
2
$
1,650.00
0
QSC PLX 1602 AMPS (tops)
2
$
2,600.00
DBX 234 Crossover
2
$
550.00
0
JBL G2 15" Powered Monitors
4
$
2,180.00
Lexicon 110 Reverb
1
$
265.00
DBX 1231 EQ
1
$
350.00
DBX 166 Comp/Limiter
1
$
450.00
Shure SM58 Microphones
6
$
600.00
Shure SM57 Microphones
2
$
170.00
0
Miscellaneous Stands (boom, short)
8
$
192.00
Cables (assorted lengths)
$
100.00
A
100 ft Snake
$
650.00
Rack Cases effects
$
250.00
N
0
Board Cases
$
250.00
Miscellaneous Case
$
75.00
Install design and labor
S
1,500.00
Total Sound
$
15,832.00 $ 12,500.00
$ 3,332.00
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$
19,692.00 $ 12,500.00
S 7,192.00
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Ramos Martinez Large Prin(�
Br Olympus Enterprises
Date Vendor Scope of Work Qty Contract Deposit Balance Due
Olympus Enterprises
A.ltas Banner; 6 & 8 with border 12 oz.
12/28,12002 Flexface vinyl finishing 5 $ 1,558.80 1,558.80 0.00
01/22'2003 Atlas banner 6'x 7' with 3" border 1 0.00
Ramos Martinez Print Custom metal
frames with print mount/finish 6 $ 2,110.87 2,110.87
1
1 $ 3,669.67 $ 3,669.67 0.00
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Concession stand nliwork and equipment
By I3ayneCo, Inc.
Date Vendor Scope of Work Qty Contract Deposit Balance Due
05/14/2002 HayneCo Inc Concession Stand millwork and equipment $ 48,214.68 24,107.34
Main Concession Layout, revision #Y7 dated 4/16/02
Utility Room Layout, mvision # 2 dated 4/5/02
(See attached detailed)
$ 48,214.68 24,107.34 $ 24,10734
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Ticketing System. COnCC6siOr. POS Equipment, Credit Card Reader
O
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By Electronic Creations
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Date Vendor Scope of Work
Qty
Contract
Deposit
Balance
Due
<
Electronic Creations
05/19/2002 TicketingSystems. Corn
0
Reserve Seating oftware
g
1
$
2,995.00
2,396.00
$
599.00
P.
P.
Ticketing System, Boca Pm, Touch Screen CRT
2
$
7,990.00
6,392.00
3
1,598.00
y
Concession POS, Touch Screen LCD Monitor
1
$
2,595.00
2,076.00
$
519.00
21697 POS concession, SS Printer, Touch Screen LCD
1
$
3,095.00
2,476.00
$
619.00
Optional - Installation and Training -WC
1
$
2,650.00
2,120.00
$
530.00
Credit Card Readerr and Software -one station
1
$
1,190.00
952.00
$
238.00
Credit Card Setup- One Time Fee
1
$
295.00
236.00
$
59,00
CD
Software Service Agreement - 1 Year
1
$
720.00
576.00
S
144.00
A
Sales Tax
1
$
1,463.20
1,170.56
$
292.64
Shipping and Handling
1
$
595.00
476.00
$
119.00
0
$
23,588.20
18,870.56
$
4,717.64
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Curtains, ElectriScreen
by DeClerq's
Date Vendor Scope of Work Qtv Conu•act Deposit Balance Due
DeClerq's
06/04/2002
06118/2002
06!04/2002
06!04/2002
06!04/2002
12/11 /2002
In
Provide & install Front Curtain and Balance
using 2-oz JB Mailin velour- fabric . Provide
and install two exit drapes on curved 300 -
Series track channel, walk -a long. (Inherently
Flame Resistant)
Provide and install hand - operated curtain track
and components for one -way draw curtain (rear
curtain)
Provide and install Stewart Custom Model c
ElectriScreen; image size 14'1.75"h x 26'2 "w;
aspect ratio 1.85:1
Provide and install curtain track components
for a one -way draw CYC curtain
Provide and install pull and tack draperies on
side and rear walls.
Provide and intall two sets of side. legs with full
length of track channel and one pair of pivot
devices, per set. Provide and intall border
pipe at center stage.
1 $ 13,485.93
1 $ 5,524.07
I $ 30,848.75
6,742.97 $ 6,742.96
2,762.04 $ 2,762.03
15,424.38 $ 15.424.37
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4,181.25
2,090.38
$
2,090.87
1 $
10,400.80
5,200.40
$
5,200.40
Z
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1 $
6,914.78
0.00
$
0
6,914.78 A
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1 $
71,355.58
$ 32,220.17
S
39,135.41
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Jenny Lind2 Ship's Figurehead
by The Ancient hIariners
Date Vendor Scope of V4'ork t ,
Q S Contract Deposit Balance Due
The Ancient Mariner
15/14/2002 Jenny Lind 2 Ship's Figurehead 2
� 200.00 200.00 $
Sales Tax $ 15.00 15.00
Shipping $ 22.95 22.95 $ -
$ 237.95 $ 237.95 S
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Dye Curtains By AAA Dye. Caipet Cleaning
Display Poster Cases
By Bass Industries
Date Vendor Scope of Work Contract Deposit Balance Due
12/18/2002 Bass Industries: Inc
01/17/2003 AAA Dye & Carpet
4 Ultra Classic Series S 2,729.60 $ 2,729.60 $ -
Rear Illuminated Display Cases
34.5" by 53.25"
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Dyeing of Large Curtains to Brown Color $ 2,299.54 $ 2.299.54 $ - co
20' x 10' Each Cn
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Projection and Sound Equipemenc by 0necech
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Date
Vendor
Scope of Work
P
Qn -
Contract
Deposit
Balance Due
En
CINETECH
`^
05/20/2002
22695
Centun•• 35mm Projector and Sound Head
1
$
2,500.00
2.500.00
0.00
22693
Labor installation 35 mm projection & Sound
1
S
5,000.00
1,250.00
3,750.00
„
Projector Pedestal
1
S
600.00
0.00
600.00
01/0912003
22695
4000 watt lamphouse and power supply
1
S
3,000.00
3,000.00
0.00
0)
0
06/11/2002
21697
Platter and Make up table
1
S
1,900.00
2,037.75
(137.75)
Anamorgluc Lens amd back up lens
1
S
1,000.00
0.00
1,000.00
Flat lens
1
S
350.00
0.00
350.00
."
Big Sky automation
1
S
1,880.00
0.00
1,880.00
11/14/2002
22490
Big Sky dual channel dimmer
1
S
950.00
950.00
0.00
11/1412002
22491 +22506
Big Sky dual channel dimmer & freight
1
S
950.00
950.00
0.00
Big Sky Remote panel
1
S
450.00
O.a)
450.00
0
01/1)9/2003
Sound Rack and blank panels
1
S
495.00
495.00
0.00
Ln
01/03/20032
22645
DTS Cinema Processor
1
$
7,100.00
7,100.00
0.00
0
01/13/2003
22699
QSC DCA 1622 power amps
7
$
6,198.50
6,198.50
0.00
--
TBL Bi amped three way speakers 3632
3
$
4,755.00
0.00
4,755.00
JBL 134642a Subwoofer
2
$
2,520.00
0.00
2,524.00
y
JBL 8340AA sotround
16
$
5,133.60
0.00
5,133.60
JBL sorround bracket
16
$
451.20
0.00
451.20
Sales Tax
$
2,845.86
1,536.54
1,309.32
Z
Freight
$
1,110.00
2,271.00
883.00
<
0.00
$
49,189.16
S 26,244.79
$ 22,944.37
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Marque
BY Airo- Sign Company -
Date Vendor Scope of Work Contract Deposit Balance Due
Arrow Sign Company
05/24/2002 Design, manufacture and install
11) theatre marque for Theater on High
per draiAings dated 2/14,/02
Overall size 610" x 25'0"
•
1 1
3 44,000.00 $ 23,000.00 $ 21,000.00
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by Ross Lindahl
Phone Connection
)ate Vendor Scope of Work
Qty Contract Deposit Balance Due
Phone Connection
17/2002 8 x 16 Control unit
1
$
912.00
C. O. Expansion module (4 circuit)
1
$
241.00
Digital 12 Button Display Speakerphoe
6
$
1,098.00
25 pair feed cable for telephone lines
250
$
75.00
12 port patch panel for data cables
1
$
90.00
Mise cables, connectors, blocks
1
$
60.00
Labor
Install 7 voice and 7 data cables
7
$
1,050.00
Install one payphone cable
1
$
70.00
Install telco feed cable
1
$
210.00
Install program and train
6
$
420.00
Sales tax
179.51
$ 179.51
$ 4,405.51 0.00 $ 4.405.51
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Janss IV Recreation, Inc.
dba Theater on High Sweet
Furritum/Fixu mTAuipment
Vendor
Scope of Work
Contra:.
Paid to Date
Balance
Percentage
of Completion
Arrow Sign Company
Marquee
44,000.00
23,000.00
21,000.00
52.2796
The Ancient Mariner
Jenny Lind 2 Ship's Figurehead
237.95
237.95
0.00
100.00%
AAA Dye Curtain Service
Dye Curtains
2.299.54
2,299.54
0.00
100.0041;
Bass industries
Poster Cases
3,600.00
2,729.60
870.40
75.82%
Cinetec
35 mm Projector and Sound Equipment
49,189.16
33,28.2.55
15,906.61
67.66%
DeClereq
Stage Curtains/Wall Drapery/ElectriScreen
71,355.58
32,220.17
39,135.41
45.15%
'racketing System, Software, Concession
Electronic Creations
POS, Credit Card Reader and Software
23,588.20
18,870.56
4,717.64
80.00%
General Furniture/Fixtures
Dressing room furniture
10,000.00
0.00
10.000.00
0.00%
HayneCo-
Concession Equipment
48,214.68
24,107.34
24,107.34
50.00%
Liquidation Co- Lighting/Sound
Used Light & Sound Equipment
9,972.69
9,972.69
0.00
100.00%
Olympus
Framed Ramos Martinez Prints
3,669.67
3.668.78
0.89
99.98%
Phone Connections
Telephone Systems
4,405.51
0.00
4,405.51
0.0095
Pink Cadillac
Lighting and Sound
19,692.00
1 2,500.00
7,192.00
63.48%
Precision Equipment -Stage Equip
Cat Lift
8,724.95
8,724.95
0.00
100.00%
Squilo -Sound System
Sound Systems
17,910.75
10,681.25
7,229.50
59.64%
316, 860.66 182,295.38 134, 565.30
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Vendor Scope of Work Qty
Contract
Deposit Balance Due
U)
Date
N
PINK CADILLAC ENTERTAINMENT
11/23/•.003
Lighting Lig htronics RE -121 Dimmer Pak
1
$
1,100.00
`°
12' Triangle Truss
$
570.00
6' Triangle Truss
d
$
640.00
Par 56 with bulbs, clamps
14
$
1,050.00
0
Cables, gels. mist
1
$
500.00
$
Lighting Total
$
37860.00 $
-
Sound Mixing Board Soundcraft Series 4 -32 Channel
$
4,000.00
QSC PLX 3002 AMPS (subs)
2
$
1,650.00
QSC PLX 1602 AMPS (tops)
2
$
2,600'00
0
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DBX 234 Crossover
2
$
550.00
A
JBL G2 15" Powered Monitors
4
S
2,180.00
Lexicon 110 Reverb
1
$
265.00
DBX 1231 EQ
1
$
350.00
DBX 166 Comp/'miter
1
$
450.00
Shure SM58 Microphones
6
$
600.00
Shure SM57 Microphones
2
$
170.00
Stands (boom, shore)
g
$
192.00
<<
Miscellaneous
Cables (assorted lengths)
$
100.00
0,
100 ft Snake
$
650.00
Rack Cases effects
$
250.00
N
Board Cases
$
250.00
Miscellaneous Case
$
75
Install design and labor
Total Sound
$
$
1,500.00
15,832.00
$ 12,500.00 $ 3,332.00
O
$ -
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Total Proposal
$
19,692.00
$ 7,192.
$ 12,500.00 00
° CD
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Sent By: Janss IV Recreation, Inc.;
APR 26,2002
Project:
Theater on High St.
45 High Street
Moorpark, CA 93021
From:
Scott Morgan
HayneCo Inc
1200 Diamond Circle
Suite 0
Lafayette, CO 80026
(303) 673 -0048 Fax: (303) 673 -0082
Item Qty Description
805 497 1507; Nov -16 -04 2:11PM; Page 17
TOI_ E. U CTRI C.A L -
�oOK -U� �SaO'-
3 Crlvec ?erCCAk
QUOTE
To.
Mr, Steve Carlson
Lawrence Janss Co.
1408 Thousand Oaks Blvd.
Thousand Oaks, CA 91362
(805) 497 -8606 Fax: (805) 497 -1507
100 1st Level Main Concessions and 2nd Floor Utility Room
102r Drink tower, 6 head dispenser, by owner
102.1
_ Crestware Model No. AS -12
Ice scoop, 12oi., aluminum.
183 Bottled beverage display cooler, countertop, by Owner.
195 Churros Display - By Owner
211 �� 1 POPCORN POPPER
Gold Medal Products Model No. 2010E
Astro Pop, 20 oz., countertop unit.
i
211.1 f_:�'� POPCORN ACCESSORIES
Gold Medal Products Model No. 2257H
j Ba -In -A -Box Oil Pump
211.2 1
Proctor Distributing Model No. MWP -8R
Popcorn bag racks, chromed stainless steel construction to fit sm, med,
Irg popcorn bags...— — ` — -- -
211.3 tlo 12I SCOOP
Gold Medal Products Model No. 2072
A, Jet Scoop, stainless blsel, perforated— — -- –
Y
HayneCo Inc
Page 1 of 7
020101
Sell Each Sell Total
2.07 4.14
3,324.75 3,324.75
594.26 594.26
59.04 59.04
18.16 36.32
000052
'ent By: Janss IV Recreation, Inc.; 805 497 1507; Nov -16 -04 2:11PM; Page 18
APR 26,2002
Theater on High St.
Item Qty
Description
285 I
C_-
BUTTER DISPENSER, HEATED
Server Products Model No. 06160
LBSW Lighted Butter Server, heated, pump w /spout warmer on picture
side, single s/s butter well, 3 qt. cap. butter vessel, s/s housing w /lighted
sign, adj. heat control, wet or dry heat, pump yield 1oz, collars provided
to reduce yield, 120V.535W
1
Butter (NC)
303 ,' 1
HOT DOG GRILL, ROLLER -TYPE
Roundup Model No. HDC -21A
Hot Dog Corral, dual heat thermostatically controlled, holds up to 21
four -to -a -pound 5" hot dogs at one time or 210 refrigerated
/
Ien -to -a -pound 5" hot dogs per hour, 6' grounded power cord, NEMA
#5 -15P, 120V, 1000w, 60Hz, 8.3 amps
J
1
SG -21 Protective Food Shield, clear acrylic, for HDC -21A and HDC -30A
303.1 6,
WARMING DRAWER, FREE STANDING
_
Roundup Model No. WD -21A
Warmer Drawer, heat thermostatically controlled, water tray for moisture,
can be used separately, stacked or with HDC -21A or HDC -30A, holds up
to 40 -50 hot dog buns, 6' grounded power caret, NEMA #5 -15P, 120V,
1000w, 50 /60Hz, 8.3 amps
303.2 1 ''' 2
K ; Crestware Model No. TNG P6
, 6 7.stainless steel Pom Tong
323 �;�1 NACHO CHEESE WARMER
Server Products Model No. 81160
LNCSW Lighted Nacho Cheese Server, with pump and spout warmer,
dispenses from picture side, s/s construction, thermostatically controlled,
- -
-__.for use with #10 can or #94009 s/s jar, 1 oz. per stroke can be adjusted
w /collars provided, 120V, 535W
1 Melted Chees (NC
23.1 t` '� STORAGE JAR
!. Server Products Model No. 94009
..'� Stainless Steel Jar, 7" high. 3 quart capacity, use in place of #10 can
25 ,1�" HOT FOOD DISPLAY CASE
Server Products Model No. 04450
CS Nacho Chip Server, top loading wlrear dispensing door, approx. 10
Ibs.capacity, heated interior w /display light, 14"W x 12 "D x 23- 11116 "H,
stainless steel frame, tempered glass panels, sign on front, 120V, 42W
HayneCo Inc
Page 2 of 7
020101
Sell Each Sell Total
274.45 274.45
845.25
652.63
845.25
65 ?.63
0.60 1.2o
242.00 242.00
33.00 33.00
276.10 276.10
000053
'ent By: Janss IV Recreation, Inc.;
NPR 26,2002
805 497 1507;
Theater on High St.
Nov -16 -04 2:12PM;
Item Qty Description
04470 Sneeze Guard, polycarbonale, attaches with two screws to
#04490
331 1 SCUP KETTLE
/Server Products Model No. 84300
KS Kettle Server, 11 quart, thermostatically controlled, constructed of
aluminum with a durable black epoxy coating, hinged lid, stainless steel
inset, eight soup flavor cards included, 120V, 1500W
331.1 fJ 2
n�Crestware Model No. OPL -04
1 �i 1 6oz. one piece ladel.
% f ,
357
357.1
I, OVEN, COUNTERTOP, ELECTRIC
Star Mfg. Model No. PO -12
Oven, Countertop, Electric, pizza, single deck, thermostatic controls, s/s
construction, pull -out baking tray type, crumb tray, 15 minute bell timer 120V/6011 -PH
i� HOT FOOD DISPLAY CASE
Gold Medal Products Model No. 5550PZ
Merchandisor, Humidifed Pizza
357.21 2
Crestware Model No. PC-4
l 4" pizza cutter.
473 t� STRAW DISPENSER
:
Traex Model No. 3820
Super Straw Boss® Dispenser, bulk, single - sided, 250 capacity, 12 -1/2 "L
x 5 -1/2"W x 7 "H, heavy gauge metal housing w /plastic lid & dispensing
�_ Aar, straw dia..230 "- .265 ", straw length 9" - 12"
2 06 Black (NC)
474 ;;� 4
Tundra Specialties Model No. 78 -270
Baln Marie Pot - utensil storage
475
2 DISPENSER, NAPKIN
r )6, ; San Jamar Model No. H2O01 SC
Gourmet® In- Counter Napkin Dispenser. one -at -a -time, holds 500
fullfold napkins (4 -112" to 5 -1/4" X 6- 112"), 6 -112" X 8 -518" faceplate, 18"
box, 22 gauge 304 stainless box. 18 gauge steel faceplate, satin chrome
finish
HayneCo Inc
Page 19/23
Page 3 of 7
020101
Sell Each Sell Total
... -�
357.50 357 -50
1.50 3.00
379.50 379.50
1,503 -50 1,503.50
2.70 5.40
47.30 94.60
6.19 24.76
101.06 202.12
000054
;ent By: Janss IV Recreation, Inc.; 805 497 1507; Nov -16 -04 2:12PM; Page 20/23
APR 26,2002
Theater on High St.
Page 4 of 7
020101
Item
Qty
Description
Sell Each sell Total
I
490
211.14 211.14
Proctor Distributing Model No. USIUACUPLID
1 : U
3- compartment stainless steel cup holder and 3- compartment stalnless
steel lid holder, mounts to employee side of drink station.
511 (/
1
REFRIGERATED COUNTER, WORK TOP
1,025.95 1,025.95
Continental Refrigerator Model No. SW27 -BS -FB
Work Top Refrigerator, front breather, one - section, w /doors, reach -in,
stainless steel top w /6" backsplash & front, aluminum sides & interior,
casters, rear - mounted self- contained refrig system, 1/5 hp
t -4 '
Voltage 115 -60 -1, w /attached 10' cord & plug
513
FREEZER COUNTER, WORK TOP
1,218.41 1,218.41
Continental Refrigerator Model No. SWF27 -BS -FB
Work Top Freezer, front breather, one - section, w /door, reach -in,
stainless steel top w16" backsplash & front, aluminum sides & interior,
casters, rear - mounted self - contained rofrig system, 114 hp
Voltage 115 -60 -1, w /attached 10' cord & plug
1, --T
Standard warranty: 1 year parts and labor; 5 year compressor
5.1
�i,,.s
4
17.30 69.20
f J^
Crestware Model No. 2136
�?
113 size pan, 6" deep, stainless steel
515.2 1, �•i <
1
21.45 21.45
Crestwere Model No. 2126
�l
1/2 size pan, 6" deep, stainless steel_
517
,1
_.DRAFT BEER COOLER
1,713.15 1,713.15
!� Continental Refrigerator Model No. KC50
Draft Beer Cooler, door type, self- contained refrig system, two -keg
capacity, black exterior, stainless steel top, galvanized interior,
reinforced s/s Floor, w11 dual angle faucet dispensing head, door locks,
condensate evaporator
�• V
Voltage 115 -60 -1
t
Standard warranty: 1 year parts and labor; b year compressor
1 -
Casters, swivel, 2 w/ & 2 w/o brakes (4' dia rubber tired) set of 4 (5" ht.)
HayneCo Inc
000055
',ent By: Janss IV Recreation, Inc.; 805 497 1507; Nov -16 -04 2:12PM; Page 21/23
APR 26,2002
Theater on High St.
Item City Description Sell Each
535 FREEZER, REACH -IN 2,042.17
Continental Refrigerator Model No. 1 F
Freezer, reach -in, one - section, self - contained refrig system, aluminum
exterior & interior, stainless steel front & doors, standard depth cabinet,
narrow full- height door, with exterior dial -type thermometer, 5" casters,
113 hp
fit- Voltage 115 -60 -1
1_11 Standard warranty: 1 year parts and labor, 5 year compressor
� 1 — Rehinging of doors (nc)
Page 5 of 7
020101
Sol[ Total
2,042.17
550 %
- CONDIMENT SERVER, COUNTERTOP
57.36 57.36
r/
San Jamar Model No. 847021NL
GourmeND Condiment Tray, 2 tier, (2) quart wrindividual notched
transparent lids, 8 -114 "H x 6 -1 /8"W x 12 "D, 22 -gauge 304 stainless
551 f:; ; , 1
CONDIMENT SERVER, COUNTERTOP
106.70 106.70
San Jamar Model No. 54706INL
!
GourmeW Condiment Tray, 2 tler, (6) quart, w /individual notched
transparent lid, 8 -1/4 "H x 18 -118 "W x 12 "D, 22 -gauge 304 stainless
551.1 2
1.73 3.46
�." d
Crestware Model No. DRG -ALH
handle.
Aluminum dredge with
575
ICE MAKER, CUBE -STYLE ^
2,358.72 2,358.72
Hoshizakl Model No. KML- 350MAH
Ice Maker, Cube - Style, air - cooled, self- contained condenser, approx.
350 lb. capacity per 24 hr, stainless steel finish, crescent cube style,
}
R-404 refrigerant, 115v/60/1
1_.
3 -Year parts & labor on entire machine (nc)
5 -Year parts & labor on evaporator (nc)
t
5 -Year parts on compressor & air- cooled condenser (nc)
B -50OPH Ice Bin, w/top- hinged front - opening door, approx. 360 -lb ice
--
` `
storage capacity, for top - mounted ice maker, vinyl covered steel finish
T ..
standard, 6" painted legs
�•- ,' =' -
2 -Year parts & labor for bin (nc)
575.1 1
8.70 8.70
Crestware Model No. AS -85
85oz. cast aluminum ice scoop.
HayneCo Inc
000056
,ent By: Janss IV Recreation, Inc.;
APR 26,2002
Item
575.2 1
J`
Qty
5 75.3 bin k,/ 1
Description
805 497 1507;
Theater on High St.
Nov -16 -04 2:12PM;
SCOOP HOLDER
Spill -Stop Model No. 1402 -0
Scoop Holder, large, for 32 -82 oz. scoops, epoxy coated wire formed,
open cage style, white
Crestware Model No. SUP
.,i 13gt. stainless pail.
575.4 �X WATER FILTER ASSEMBLY
Everpure Model No. EV9324 -01
Page 22/23
Page 6 of 7
020101
Sell Each Sell Total
7,50 7.50
20.25 20.25
183.72 183.72
911 2 DUNNAGE RACK, TUBULAR
Kelmax Equipment Model No. DR482412
Dunnage Rack, tubular, one tier, 24" wide, 48" long, 12" high, aluminum,
.Economy. 1500 lb. capacity. NSF
Life time warranty against rust on all shelving
HayneeCv Inc
59.06
118.12
00005'7
INSURICE 2000 SINGLE SYSTEM, 112 micron precoat filtration
w /self- contained scale Inhibitor feed, for tubers up to 750 Ibs /day or
flakers up to 1,500 Ibs /day, pressure gauge, flushing valve, flow rate:
1.67 gpm
�A--'pk
EV9612 -21 1 -2000 CARTRIDGE, 112 micron precoat, w /self- contained
scale Inhibitor feed, max. flow rate 1.67 gpm (1 pack)
591 ...
j
Soda syrup BIB rack, by owner.
1;92
Carbarrdtor, soda dispenser, by owner,
592.1 , - -'
1,��� pk
WATER FILTER ASSEMBLY 146.93 146.93
Everpure Model No. EV9272 -41
QC71- Single Head, with shut -off, pressure gauge, mounting bracket and
screws
EV9613 -01 MH CARTRIDGE, 1/2 micron precoat filter, capacity 18,000
pots or 9,000 gal. (1 pack)
6U2 �'
J
Cash drawer / electronic, by owner.
901
(.,,8�
SHELVING, WIRE 42.79 342.32
ISS Shelving Model No. 2446Z
Shelf, wire, 24" wide, 48" long, Plating Plus finish
8
PZ86 Digital Post, 86" high, with adjustable feet, Plating Plus finish
911 2 DUNNAGE RACK, TUBULAR
Kelmax Equipment Model No. DR482412
Dunnage Rack, tubular, one tier, 24" wide, 48" long, 12" high, aluminum,
.Economy. 1500 lb. capacity. NSF
Life time warranty against rust on all shelving
HayneeCv Inc
59.06
118.12
00005'7
[ent By: Janss IV Recreation, Inc.; 805 497 1507; Nov -16 -04 2:13PM; Page 23/23
APR 26.2002
Theater on High St.
Item Qty .-Description —
921
MJ Metal Producis Model No. 3- 18182 -18
94" 3 bay sink with 18 "X18" compartments with Heavy Duty Faucet and
basket strainers Included
925
John Boos Model No. WALL SINK
Wall mounted hand sink w/ faucet and mounling bracket
Page 7 of 7
020101
Sell Each Sail Total
924.00 924.00
Total
Grand Total
Fob Manufaciuer. Does not include Installation.
HayneCo Inc
165.00
165.00
19,657.77
19,657.77
- J
1111.
ATTACHMENT 3
THEATER
FIXED EXPENSE
OPERATING
BUDGET
NOTE: The Expenses included herein are
estimates based on operation history
obtained from the previous owner-
operator
000059
Operating Expense
Alarm
Insurance - Liability
Utilities - Electrical
Utilities - Water /Sewer /Fire
Repairs and Maintenance
Rubbish*
Property Taxes - Personal
Property **
Property Taxes **
Total Operating Expense
Annual
Monthly
$ 1,392.00
$116 /Month Fire & Burglar
$10,928.00
$911 /Month Based on 7,500 Admissions
$ 6,864.00
$572 /Month
$ 1,284.00
$107 /Month
$ 1,440.00
$120 /Month
$ 2,172.00
$181 /Month
$ 1,776.00
-0-
-0-
-0-
$24,080.00
$2,007 /Month
* May be waived for City -owned facility
** Agency -owned property is tax exempt
however operator may be required to pay
possessory interest taxes
NOTE: The Expenses included above are estimates based on operation history
obtained from the previous owner - operator
ItM1.1
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
Of % - A0 -'X11T
ITEM -5. A .
ACTION: 140A A ALI&4willre MINUTES OF THE REDEVELOPMENT AGENCY
Moorpark, California June 15, 2005
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on June 15, 2005, in the Community Center of
said City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Chair Hunter called the meeting to order at 7:22 p.m.
2. ROLL CALL:
Present: Agency Members Harper, Mikos, Millhouse,
Parvin, and Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph
Montes, General Counsel; Hugh Riley,
Assistant Executive Director; Johnny Ea,
Finance Director; and Deborah Traffenstedt,
Agency Secretary.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution Adopting an Operating and Capital
Improvements Budget for the City of Moorpark
Redevelopment Agency for the Fiscal Year 2005/06.
Staff Recommendation: Adopt Resolution No. 2005 -147.
ROLL CALL VOTE REQUIRED
Mr. Ea gave the staff report.
In response to Chair Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Agency Member Parvin moved and Agency Member Mikos
seconded a motion to adopt Resolution No. 2005 -147,
adopting an Operating and Capital Improvements Budget for
the City of Moorpark Redevelopment Agency for Fiscal Year
2005/06. The motion carried by unanimous roll call vote.
000061
Minutes of the Redevelopment Agency
Moorpark, California Paqe 2 June 15, 2005
B. Consider Resolution Re- Establishing the Agency's
Eminent Domain Policy as that Policy Pertains to the
Proposed Amendment No. 2 to the Redevelopment Plan for
the Moorpark Redevelopment Project. Staff
Recommendation: Adopt Resolution No. 2005 -148, re-
establishing the Agency's eminent domain policy as it
pertains to Amendment No. 2, finding that a Project
Area Committee (PAC) is necessary with regard to
adoption proceedings, and establishing said PAC.
Mr. Riley gave the staff report.
Colin Velasquez spoke in opposition to the
reinstatement of eminent domain citing concerns that
the PAC Committee should author the Resolution; and an
Environmental Impact Report (EIR) should be required
for the downtown area.
In response to Mr. Velasquez, Mr. Montes stated
whether or not an EIR is required will be studied; the
PAC is going to hold meetings, take public testimony,
and recommend an amendment and an EIR, if required,
which would be presented to Council. Mr. Riley stated
an EIR was prepared in 1989 for the initial Downtown
Plan and certified by the Council at that time.
MOTION: Agency Member Harper moved and Agency Member Mikos
seconded a motion to adopt Resolution No. 2005 -148, re-
establishing the Agency's eminent domain policy as it
pertains to Amendment No. 2, finding that a Project Area
Committee (PAC) is necessary with regard to adoption
proceedings, and establishing said PAC. The motion carried
by unanimous voice vote.
5. CONSENT CALENDAR:
MOTION: Agency Member Mikos moved and Agency Member Parvin
seconded a motion to adopt the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of May
18, 2005.
Consider Approval of Minutes of Special Meeting of May
25, 2005.
000062
Minutes of the Redevelopment Agency
Moorpark, California Paqe 3 June 15, 2005
Consider Approval of Minutes of Special Meeting of
June 1, 2005.
Staff Recommendation: Approve minutes.
B. Consider Resolution Adopting Loan Agreement Between
the City of Moorpark and the Moorpark Redevelopment
Agency. Staff Recommendation: Adopt Resolution No.
2005 -149. ROLL CALL VOTE REQUIRED
6. CLOSED SESSION:
Mr. Kueny requested the Agency recess the meeting and
reconvene into closed session for discussion of Item 6.C.
at the conclusion of the City Council meeting.
AT THIS POINT in the meeting, a recess was declared. The time
was 7:31 p.m. The meeting reconvened at 12:16 a.m. June 16,
2005.
MOTION: Agency Member Mikos moved and Agency Member Harper
seconded a motion to adjourn to closed session for discussion of
Item 6.C. on the agenda. The motion carried by unanimous voice
vote.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512 -0- 091 -080 and APN 512 -0 -091 -100
Agency Negotiator: Steven Kueny, Executive Director
Negotiating Parties: Redevelopment Agency of the City
of Moorpark and Janss IV Recreation, Inc. (Theater on
High /Larry Janss)
Under Negotiation: Price and terms of payment
Present in closed session were Agency Members Harper,
Mikos, Millhouse, Parvin, and Chair Hunter; Steven Kueny,
Executive Director; Hugh Riley, Assistant Executive
Director; and Deborah Traffenstedt, Agency Secretary.
The Agency reconvened into open session at 12:20 a.m. Mr.
Kueny announced Item 6.C. was discussed and there was no
action to report.
000063
Minutes of the Redevelopment Agency
Moorpark, California Paae 4 June 15, 2005
7. ADJOURNMENT:
Chair Hunter adjourned the meeting at 12:20 a.m. June 16,
2005.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
1111.•
MINUTES OF THE REDEVELOPMENT AGENCY
Moorpark, California
July 6, 2005
A Special Meeting of the Redevelopment Agency of the City of
Moorpark was held on July 6, 2005, in the Community Center of
said City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Chair Hunter called the meeting to order at 6:35 p.m.
2. ROLL CALL:
Present: Agency Members Harper, Mikos, Millhouse,
Parvin, and Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph
Montes, General Counsel; Hugh Riley,
Assistant Executive Director; and Deborah
Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. CLOSED SESSION:
Mr. Kueny requested the Agency go into closed session for
discussion of Items 4.C. and 4.D. on the agenda.
MOTION: Agency Member Millhouse moved and Agency Member Harper
seconded a motion to adjourn to closed session for consideration
of Items 4.C. and 4.D. on the agenda.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512 -0- 091 -080 and APN 512 -0- 091 -100
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Janss
IV Recreation, Inc. (Theater on High /Larry Janss)
Under Negotiation: Price and terms of payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 81 First Street (APN 512 -103 -040)
Agency Negotiator: Steven Kueny, Executive Director
000065
Minutes of the Redevelopment Agency
Moorpark, California Paqe 2 Julv 6, 2005
Negotiating Parties: Redevelopment Agency of the City
of Moorpark and Joan Krieg
Under Negotiation: Price and terms of payment
Present in closed session were Agency Members Harper,
Mikos, Millhouse, Parvin, and Chair Hunter; Steven Kueny,
Executive Director; Joseph Montes, General Counsel; Hugh
Riley Assistant Executive Director; and Deborah
Traffenstedt, Agency Secretary.
The Agency convened into open session at 7:02 p.m. Mr.
Kueny announced Items 4.C. and 4.D. were discussed and
there was no action to report out of closed session.
5. ADJOURNMENT:
Chair Hunter adjourned the meeting at 7:02 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
0000E b